1978 (3) TMI 170

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....st the two, accused-respondents in the court of the learned Chief Judicial Magistrate, Jalpaiguri, for an, offence punishable Under section 210(5) of the Companies Act, 1956, hereinafter referred to as "the Act". In the complaint it has been alleged that the two accused-respondents, who are the directors of a private company named and styled as Rahimpur Tea Company Private Ltd, having its register....

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....osed by the petition of complaint and thereafter by his order dated July 28, 1976, discharged the two accused-respondents on the, finding that the facts alleged in the complaint do not constitute an offence under section 210(5) of the Act. Aggrieved by the said order the complainant filed the present appeal with special leave of this court. Though the order of the learned Magistrate is one of d....

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.... came up for consideration under the Companies Act, 1913, in that case and the Supreme Court held that if the person charged with the failure to carry out the requirements of the section could have called the meeting, he cannot defeat the provisions of the section simply by not calling the meeting wilfully. In the said decision while considering the provisions of sections 131 and 133(3) of the Com....